JORDAN DECLARES COMMITMENT TO FIGHTING TIP DURING

C O N F I D E N T I A L AMMAN 002822

SIPDIS

E.O. 12958: DECL: 10/07/2018
TAGS: PGOV PREL KTIP BG ID CE RP IN JO
SUBJECT: JORDAN DECLARES COMMITMENT TO FIGHTING TIP DURING
G/TIP LAGON VISIT

REF: A. AMMAN 2600

B. AMMAN 2206

C. 07 AMMAN 3579

D. 07 AMMAN 2392

E. 07 AMMAN 434

F. 06 AMMAN 7750

G. 06 AMMAN 6886

H. 06 AMMAN 5595 AND PREVIOUS

Classified By: Ambassador R. Stephen Beecroft for reasons 1.4(b) and (d
)


1. (SBU) Summary: Ambassador-at-Large Mark Lagon, Director of
the State Department's Office to Monitor and Combat
Trafficking in Persons (G/TIP) discussed steps taken by the
GOJ to eliminate trafficking conditions in Qualifying
Industrial Zones (QIZs) and solutions to deal with
trafficking-related offenses against domestic workers during
his September 10-11 visit. The Ministers of Interior,
Justice, and Labor expressed their commitment to fight
trafficking, pointing to their plans to pass an anti-TIP Law,
create a shelter for victims, and establish a joint labor
inspector and police unit. Nongovernmental organizations and
source country embassies in Jordan generally agree that the
GOJ has taken steps to improve general labor conditions in
QIZs but has done relatively little to protect domestic
workers or to prosecute and punish traffickers as a whole.
The GOJ requested G/TIP assistance to train prosecutors and
judges on how to handle TIP-related cases and apply the law.
End summary.


2. (SBU) During the two-day visit, Ambassador Lagon met with:
Minister of Labor Bassem Salem, Minister of Justice Ayman
Odeh, Minister of Interior Eid Fayez, UNIFEM Program Manager
Afaf Jabiri, IOM Chief of Mission for Jordan and Iraq Rafiz
Tschannen, Dr. Ali Al-Dabbas of the National Center for Human
Rights (NCHR),Kesava Murali of Jones NY, and Phil Fishman of
the ILO Better Work Program. Ambassador Lagon also visited
Maliban and Mediterranean Resources Apparel Industry
factories in the Ad-Dulayl QIZ and held a roundtable with the
Embassies of the Philippines, Indonesia, Sri Lanka, and
Bangladesh.

Ministerial-Level Committee Formed; Anti-Tip Law High Priority
-------------- --------------


2. (SBU) Minister of Interior Fayez told Ambassadors Lagon
and Beecroft September 11 that the GOJ's anti-TIP
inter-ministerial committee has been elevated to the
ministerial level, and three sub-committees have been charged
with moving the anti-TIP agenda forward quickly. One will
review the draft anti-TIP law, one will study trafficking
problems in Jordan and recommend corresponding solutions, and
one will work on establishing a shelter.


3. (SBU) Fayez and Minister of Justice Odeh both said that
the passage of a comprehensive anti-TIP Law was the GOJ's top
short-term priority and that a law will be submitted to
parliament in the fall session. According to Odeh, a strong
anti-TIP law would be a major step forward in the ability of
the government to prosecute trafficking cases. Expressing his
hope that Jordan would overcome its poor record of
prosecuting traffickers, Lagon stressed that, despite the
lack of a current anti-TIP law, traffickers should be
prosecuted and punished using a range of other laws, such as
the Passport Law or Anti-Slavery Law. Odeh added that
prosecutors have difficulty appropriately classifying
trafficking-related crimes and dealing with gray areas in the
law. Both he and Fayez noted that the GOJ has the power to
shut down factories without court action and hand out large
fines to offenders, which they feel are strict punishments on
businesses. Lagon stressed, alternatively, that relative to
fines and closures, criminal prosecution with strong,
deterrent sentences are far and away most important. Odeh
indicated that the anti-TIP Law will contain a broad
definition of trafficking and will include such severe
monetary fines and prison terms. Lagon and Odeh both agreed
that training of prosecutors and judges after the anti-TIP
law is enacted would benefit the GOJ's prosecution record
with regard to TIP.

Ministry of Labor Works to Improve Condition in QIZs
-------------- --------------


4. (SBU) Minister of Labor Salem highlighted Jordan's effort
to improve labor conditions in the QIZs after the May 2006
National Labor Committee report (reftels C-K). Salem noted
that inspection capacity has greatly increased through such

measures as hiring 30 new inspectors, instituting new
training programs for inspectors to include forced labor,
increasing the number of inspections, and working with the
International Labor Organization (ILO),unions, and NGOs to
improve overall conditions. Ambassador Lagon emphasized the
need for improved criminal law enforcement in the QIZs -
potentially aided by a practical partnership between labor
inspectors and police - as well as proactive victim
identification. Salem pointed to planned creation of a joint
police and labor inspection unit towards strengthening their
practical partnership.


5. (SBU) Phil Fishman of the USAID-funded ILO Better Work
Program explained that the project will train GOJ inspectors
on various issues, including forced labor. He noted that,
though he sees potential for corruption among labor
inspectors, as anywhere in the world, the project would
professionalize inspectors to hopefully avoid complicity.
Kesava Murali of Jones NY, the largest U.S. apparel buyer in
Jordan and which has its own compliance department that
conducts inspections of factories in Jordan, gave the general
opinion that while there are still labor rights problems in
the QIZs, the Ministry of Labor is active in trying to
resolve problems. He urged Ambassador Lagon to pressure the
GOJ to pay more attention to the situation of domestic
workers who encounter forced labor situations often. Though
he was not directly involved in the recent workers' strike at
Al-Dulayl QIZ, he commented that he believed the latest NLC
report on forced labor there to be inaccurate.


6. (SBU) A visit to two factories in Ad-Dulayl QIZ -- the Sri
Lankan Eam Maliban and Emirati Mediterranean Resources
Apparel Industry (MRAI) -- showed different management
approaches. Maliban has eliminated deductions for food and
formed worker committees which regularly meet with
management. Factory management also recruits foreign workers
directly from Sri Lanka (where their headquarters are
located) and works with only a handful of pre-approved
recruitment agencies in India and Bangladesh, in order to
reduce the chances of workers paying any illegal fees to
middlemen. NOTE: These practices appear to be models for
replication, serving both workers' protection and the
interests of the business. END NOTE. Workers in MRAI, on the
other hand, recently went on strike asking for their food
deduction to be eliminated and, with the active engagement of
MOL, NCHR, the union, and source country embassies, reached a
compromise of a 10JD ($14) per month deduction from their
salaries (Ref A). Ambassador Lagon also
met with representatives of the pro-strike workers and two
anti-strike workers. Several among the pro-strike group
commented that their lingering concern revolved around
non-payment of full overtime wages beyond two hours of
overtime. At least two pro-strike workers from Bangladesh
confirmed that they had paid over $2,000 in recruitment fees
to come to Jordan and also expressed dissatisfaction with the
quality of assistance from their embassies, noting that they
felt pressured by labor attachs to accept
less-than-favorable conditions. On the other hand, NCHR
representative Atef Al-Majali commented that the workers
changed their demands several times before agreeing to the
compromise. While questioning the legality of the strike,
given that workers had collectively agreed to the deductions
in March 2007, the MOL plans to further investigate some of
the workers' complaints, such as not being paid for all of
their overtime. The factory manager expressed interest in
ensuring a content workforce, and asked fo
r advice on how to deal with recruitment agencies in source
countries.

Situation of Domestic Workers Top Priority
--------------


7. (SBU) A common theme heard from all interlocutors was that
trafficking conditions among domestic workers is a
significant problem, but that relatively few steps have been
taken to address it. At a roundtable with source country
embassies (the Philippines, Indonesia, Sri Lanka, and
Bangladesh),both the Filipino and Indonesian participants
stated that the number of runaway domestic workers they each
sheltered this year was well over two hundred. Participants
further estimated that the vast majority of the runaways had
their passports confiscated by their employers. In addition,
the Indonesian Embassy reported that four to five of their
nationals who are domestic workers were killed this year, but
that the GOJ has taken no action. In a separate meeting,
Rafiq Tschannen, IOM Chief of Mission for Jordan and Iraq,
said that three Indonesians were killed in recent months.
Source country embassy representatives and UNIFEM agreed that

false charges against domestic workers for theft by their
employers were common, and that while the GOJ actively
investigated those allegations, they failed to show the same
concern for complaints filed by the domestic workers against
their employers. UNIFEM also noted that migrant domestic
workers who complain to police officers without being in
possession of their passports are arrested and accumulate
overstay fines, thereby discouraging many abused domestic
workers from approaching law enforcement officials at all.


8. (C) Ambassador Lagon urged Ministers Fayez and Odeh to
institute proactive measures to identify trafficked domestic
workers, and while Interior Minister Fayez agreed on the
extent of the problem, he argued that it was a difficult
problem to solve, as domestic workers are behind closed doors
and can be moved quickly from household to household. Afaf
Jabiri, Program Manager at UNIFEM, discussed the difficulty
of protecting domestic workers and prosecuting "abusive"
employers due to the inability of inspectors to conduct house
visits in Jordan's traditional society. Jabiri said that
while the government was supportive of UNIFEM's efforts,
which includes the enforcement of a standard contract for
domestic workers and awareness campaigns, she questioned
whether domestic workers will ever really be a priority as
they are viewed as "third tier citizens" in Jordan -
discounted as a woman, foreigner, and unskilled laborer.
Tschannen of IOM also questioned the government's political
will on this issue, saying that IOM had to stop a survey of
domestic workers after police started to ask questions,
including loaded questions about the diplomatic immunity of
IOM staff.


9. (SBU) All three ministers pointed to a July Labor Law
amendment that now places domestic and agriculture laborers
under the law as a step forward in protecting domestic
workers (ref B). Ambassador Lagon commended this amendment,
but drew attention to the need to enforce it as well as
criminal provisions to prosecute and punish those who force
domestic workers into labor. Although it was pointed out
that the bylaws outlining the specific regulations are still
being drafted, Odeh mentioned the amendment should improve
related domestic worker conditions by legislating such
factors as minimum wage, hours, and leave. Odeh further
pointed out that now Jordan is unique in the region for its
"one" Labor Law for all people regardless of nationality or
type of work. Odeh also pointed out that the law was also
amended to include a monetary fine, ranging from $700 to
$1,400, for employers withholding travel documents.


10. (SBU) Recruitment agency practices in both Jordan and
source countries, including charging illegal fees, not
explaining worker rights or contract details, and hiring of
non-qualified workers, were widely criticized during the
visit. Salem stated that the MOL closed 30 to 35 recruitment
agencies for violations, but added that "it is hard to keep
them from working." To improve recruitment practices and cut
down on trafficking opportunities, Salem outlined the
Ministry's plan to form a recruitment committee, comprised of
union, government, and NGO representatives, which will
replace Jordanian recruitment agencies. NOTE: Fathalla
Omrani, President of the Textile Union, and Al-Majali, told
Poloff on September 22 that the GOJ is continuing to pursue
this idea, but both believe that neither the union, the NGO
community, nor the government are in any position to take on
this task responsibly. END NOTE.

Minimal Prosecutions; New Investigation Unit Forming
-------------- --------------


11. (SBU) UNIFEM, IOM, and foreign embassies identified
numerous reasons for the dearth of trafficking-related
prosecutions, including lengthy and costly judicial
proceedings, fear by workers of being punished or forced to
pay fines, and lack of governmental capacity and procedures.
Fayez forcefully expressed his wish to see offenders
punished, but gave a different reason for the lack of
prosecutions: domestic workers first have to file a complaint
with either the MOI Family Protection Unit or the MOL before
action is taken, but are not doing so. NOTE: While Fayez
argued that it is difficult for the GOJ to identify
trafficked workers, it is well known that embassies from
source countries routinely shelter runaways from domestic
employment and file criminal charges on their behalf when
necessary. END NOTE.


12. (SBU) To date, according to USAID-funded MOL Advisor Lejo
Sibbel, the primary vehicle to get cases to court is an
investigation conducted by the working-level

inter-ministerial committee, led by MOL. Sibbel stated that
the committee has investigated 18 complaints, of which eight
cases were resolved non-judicially and ten cases were
forwarded for prosecution. Of the ten forwarded cases,
Sibbel stated that they involve one worker in the Aqaba Free
Zone, four domestic workers, and five QIZ workers. The MOJ
also has a Human Rights Unit tasked with following all human
rights cases, although no specific examples of trafficking
cases handled by the Unit were listed by Odeh.


13. (SBU) MOL Salem said that, to increase the number of
cases going to court, the Ministry plans to create an
investigation unit, comprising labor inspectors and the
police. Salem believes that the cabinet will shortly approve
the unit, which will be responsible for both migrant QIZ
workers and domestic workers. Ambassador Lagon expressed his
hope that this unit would be formed expeditiously to develop
the GOJ's ability to proactively identify trafficking victims
and improve its record of prosecuting and punishing
traffickers.

Plan to Establish a Shelter
--------------


14. (C) UNIFEM and IOM highlighted the fact that victim
services are currently minimal with source country embassies
providing the bulk of protection services to victims,
supported in some cases by local and international
nongovernmental organizations. NOTE: While not discussed in
the roundtable, shelters located in source country embassies
are minimal and do not provide comprehensive services to TIP
victims. END NOTE. Fayez discussed plans to establish a
shelter, but added that no decision has been made if the
government will operate the shelter directly or fund an NGO
to do so. Fayez was also concerned about using the name
"shelter" because he did not want to "create more problems,"
reflecting a concern that employers would drop off domestic
workers when they are no longer wanted, especially to avoid
paying past due salaries or airline tickets. In addition to
the planned shelter, Salem stated that the government
operates a victim assistance hotline and Fayez pointed out
that the MOI Family Protection Uni
t has started to assist foreign workers.

Jordan Asks for Training for Prosecutors and Judges
-------------- --------------


15. (SBU) Odeh strongly requested G/TIP assistance to train
prosecutors and judges on how to handle TIP-related cases and
how to apply the law. Odeh even offered to arrange a
training institute in which such training could be delivered.
Odeh admitted that there are a lot of "gray areas" in the
law and that court officials need to better understand "what
is a crime and what is not." He also stated training is
needed for prosecutors on how to appropriately classify and
prosecute the specific crime.


16. (U) This cable was cleared by Ambassador Lagon.

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